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Hungarian Yearbook of International Law and European Law

About this journal  

We are temporarily suspending the printing of journal issues, due to the measures taken to combat the Coronavirus (COVID-19). When delivery becomes available again, we will resume the printing and sending of the journal issues previously missed. All articles of each new journal issue will be made available digitally via this online journal platform. In addition, we will include a link to the PDF of the full issue. Subscribe to the email alerts for this journal here to receive notifications when a new issue is at your disposal.

Issue 1, 2013
Editorial

Introduction

Authors Marcel Szabó

Marcel Szabó

Catherine Barnard
Catherine Barnard, MA (Cantab), L.LM. (EUI), Ph.D. (Cantab), is a Professor in European Union and Employment Law at the University of Cambridge and a fellow of Trinity College. She specialises in EU law, employment law and discrimination law. She is co-director of the Centre for European Legal Studies at Cambridge, and the author of EU Employment Law (4th edn) OUP, Oxford, 2012 and The Substantive Law of the EU: The Four Freedoms (4th edn.), OUP, Oxford, 2013.

Eva Nanopoulos
Bob Alexander Fellow and Lecturer in Law at King’s College, Cambridge, where she is also acting as Director of Studies in Law and Equal Opportunities Tutor.

Jan Klabbers
Professor of International Law at the University of Helsinki, and currently (spring 2013) a Visiting professor at the Graduate Institute of International and Development Studies in Geneva.

Ottavio Quirico
Lecturer, School of Law, University of New England, New South Wales, Australia.

Balázs Fekete
Lecturer in law, Pázmány Péter Catholic University Faculty of Law and Political Sciences/Research fellow, Centre for Social Sciences, Hungarian Academy of Sciences.

Petra Lea Láncos
Adjunct professor at the Pázmány Péter Catholic University of Budapest, Faculty of Law at the Department for European Law. She is also member of the secretariat of the Hungarian Deputy Commissioner for the Protection of the Interests of Future Generations (“Green Ombudsman”).

Ernő Várnay
Head of Department of European and International Law, University of Debrecen, Chair Jean Monnet in European Law, Graduated in Law (Szeged), Economics (Budapest) and European Studies (Nancy).

Petra Bárd
LL.M. SJD, works as a senior researcher at the National Institute of Criminology, where she is also the Head of the Criminal Law Division. As a lecturer at the Central European University, Legal Studies Department she teaches EU constitutional law, EU criminal law, human rights in the EU and selected issues in criminology and forensic sciences. At ELTE School of Law she teaches criminology and data protection law. In her writings she primarily addresses European constitutionalism, human rights in the European Union, the rights of persons living with disabilities and judicial and police cooperation in criminal matters.

Tamas Vince Ádány
Ph.D., senior lecturer in international law, Peter Pazmany Catholic University, Budapest.

László Blutman
Professor of International and European Law, University of Szeged (Hungary); LL.M (New York University, NY), Ph.D. (University of Szeged).

Erzsébet Kardos Kaponyi
Full-time professor of the Institute of International Studies at Corvinus University of Budapest. Her teaching and research activity focuses on two distinct fields: European Community Law and Human Rights. Her main fields of expertise are the interdisciplinarity dimensions of human rights.

Adrienne Komanovics
LL.M, Ph.D, works at the Department of Public International and European Law of the Faculty of Law, University of Pécs. Her main research fields include the public law aspects of the European Union, democracy in the European Union,the protection of human rights at the universal level and in the framework of European organizations, UN human rights treaty monitoring.

Sándor Szemesi
Associate professor (University of Debrecen, Faculty of Law, Department of European and Public International Law). He received his Ph.D. degree in 2008, his main area of research is the case law of the European Court of Human Rights, with special regard to the prohibition of discrimination and the questions of jurisdiction.
Article

The Case of Franz Joseph and Lajos Kossuth before the English Court of Chancery

Legal Battle over the Ruins of a Repressed Revolution with Its Still Topical International Law Consequences

Authors Marcel Szabó
Author's information

Marcel Szabó
Chair, European Law Department of the Faculty of Law and Political Sciences of Péter Pázmány Catholic University (Budapest), Deputy-Commissioner for Fundamental Rights, responsible for the protection of the interests of future generations, Hungary. Former Visiting Fellow at the Lauterpach Research Centre for International Law (Cambridge) as well as the Centre for European Legal Studies (Cambridge).

Penelope Nevill
Barrister at 20 Essex Street, London and Visiting Tutor in Public International Law, King’s College, London, and Affiliated Lecturer, University of Cambridge.

Viktor Łuszcz
LL.M. (College of Europe, Bruges), legal secretary at the General Court of the EU, senior advisor seconded to the Ministry of Foreign Affairs of Hungary during the Hungarian EU Presidency.

Laura Gyeney
Laura Gyeney Ph.D. is a Senior Lecturer at Pázmány Péter Catholic University Faculty of law and Political Sciences, Budapest (Hungary). She is the Deputy Head of the EU Law Department, the Director of Minority Law Protection Institute. She has a Master in Economics, Politics and Institutions of European and Global Relations at the University of Sacro Cuore, Milano (2001) and a Diploma in an introduction to English Law and the Law of the European Union, University of Cambridge (2006).
Article

The Personal Law of Companies and the Freedom of Establishment under EU Law

The Enthronement of the Country-of-origin Principle and the Establishment of an Unregulated Right of Cross-Border Conversion

Authors Csongor István Nagy
Author's information

Csongor István Nagy
Doctor juris (Budapest), LL.M. (Budapest/New York), Ph.D. (Budapest), SJD (Budapest/New York). Associate professor at and head of the Private International Law Department of the University of Szeged (Hungary), associate professor at Budapest University of Technology and Economics (Hungary), and head of the International and EU Law Department of the István Bibó College of Law (Budapest) and visiting associate professor at the Sapientia University in Cluj-Napoca (Romania). The author was a visiting fellow at the British Institute of International and Comparative Law (London) at the time the paper was completed.

Imola Schiffner
Senior Lecturer in the Department of International and European Law of the Faculty of Law and Political Sciences at the University of Szeged. She received her Ph.D. in 2010 in international public law, on the topic of Diplomatic Protection.

Péter Kovács
Juge à la Cour Constitutionnelle de la République de Hongrie et professeur de droit international à l’Université Catholique Péter Pázmány.

Elisabeth Sándor-Szalay
Associate professor at the University of Pécs, Faculty of Law, Department of International and European Law.

Ágoston Mohay
Senior lecturer at the University of Pécs, Faculty of Law, Department of International and European Law.
Article

Enforceability of the European Convention on Human Rights by Ordinary Courts in Hungary

An Analysis of a Newly Opened Procedural Path and its Constitutional Framework

Authors Máté Mohácsi
Author's information

Máté Mohácsi
Legal secretary at the Supreme Court (Curia) of Hungary, sessional lecturer at Károli Gáspár University of the Reformed Church, Faculty of Law (Budapest) and Ph.D. student at Pázmány Péter Catholic University, Faculty of Law (Budapest).
Article

Regulating Local Border Traffic in the European Union

Salient Features of Intersecting Legal Orders (EU Law, International Law, Hungarian Law) in the Shomodi Case (C-254/11)

Authors Tamás Molnár
Author's information

Tamás Molnár
Ministry of Interior, Department of EU Cooperation, Unit for Migration, Asylum and Border Management, head of unit, Corvinus University of Budapest, Institute of International Studies, adjunct professor.
Article

State Acts and Responsibility in the Hungarian-Azeri-Armenian Triangle of the Safarov Case

A Legal Analysis of the Transfer and Liberation of the Notorious Convict in the Hungarian-Azeri-Armenian Triangle

Authors Csaba Törő
Author's information

Csaba Törő
Associate professor, Faculty of Law, Karoli Gaspar Protestant University and senior research fellow, Hungarian Institute of International Affairs.

Réka Varga
Ph.D., senior lecturer, Department of Public International Law, Pázmány Catholic University. Her main field of research includes national implementation of international humanitarian law treaties with special focus on criminal repression and domesic war crimes procedures. Adviser on international humanitarian law issues to the Hungarian Red Cross. Former legal adviser of the International Committee of the Red Cross Regional Delegation for Central Europe.
Book Review

A Whole Image or a Few Pieces of Mosaic?

A Comment on the Monograph of Miklós Király: Unity and Diversity – The Cultural Effects of the Law of the European Union

Authors Bartha Ildikó
Author's information

Bartha Ildikó
Ildikó Bartha is an assistant professor of European law at the Faculty of Law of the University of Debrecen. Her research primarily focuses on the external relations of the European Union, specifically on the treatymaking competence of the EU. She also has an interest in EU internal market law, and the relationship between economic freedoms and fundamental rights.

Dániel Bán
Attorney (Perényi & Bán), guest instructor (Law School, Károli Gáspár University of the Reformed Church).
Book Review

Nagy Boldizsár, A Magyar Menekültjog és Menekültügy a Rendszerváltozástól az Európai Unióba Lépésig – Erkölcsi, Politikai-filozófiai és Jogi Vizsgálódások

(Boldizsár Nagy, Refugee Law and the Status of Refugees in Hungary from the Change of Regime to the accession to the European Union – Moral, Political Philosophical and Legal Disquisitions, Budapest, Gondolat Kiadó 2012)

Authors Eszter Kirs
Author's information

Eszter Kirs
Ph.D., associate professor, Department of Public International Law, Faculty of Law, Miskolc University. Her main field of research includes international criminal law and transitional justice. Member of a defence team (Prlic et al.) at the UN International Criminal Tribunal for the former Yugoslavia. Member of the Board of the Hungarian Fulbright Association.